SHOULD DETERRENCE BE A SENTENCING PRINCIPLE UNDER THE YOUTH CRIMINAL JUSTICE ACT?

Abstract

Using data from a large Canadian study of incarcerated youths, the authors critically analyze deterrence as a sentencing principle for young offenders. Deterrence themes are examined from legal, legislative, policy and pragmatic perspectives. The authors also explore the deterrence controversy under the YCJA by reviewing the recent Supreme Court of Canada decision excluding deterrence as a sentencing principle.